Napoli v. Transervice Lease Corp.

—In an action to recover damages for personal injuries, the third-party defendant Canada Dry-Bottling Co. of New York, Inc., appeals from an order of the Supreme Court, Queens County (Lisa, J.), dated May 23, 1997, which denied its motion for summary judgment dismissing the complaint and third-party complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint and third-party complaint are dismissed.

The appellant met its initial burden of demonstrating that it *581and the defendant Transervice Lease Corp. (hereinafter Transervice) lacked…